ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

HB 2390: law clinic; stream adjudications; appropriation.

Sponsor: Representative Griffin, LD 14

Committee on Natural Resources, Energy & Water

Overview

Appropriates $500,000 to the University of Arizona in fiscal year (FY) 2022 to establish a law clinic to offer pro bono assistance to general stream adjudication claimants who are not represented by legal counsel.

History

The doctrine of prior appropriation governs the use of surface water in Arizona. This doctrine is based on the tenet of “first in time, first in right” which means the person who first puts the water to a beneficial use acquires a right that is senior to later users. Beneficial use is the basis, measure and limit to this right (A.R.S. §§ 45-141 and 45-151).

The general stream adjudications are judicial proceedings to determine the extent and priority of water rights in the Gila River and Little Colorado River systems (A.R.S. § 45-251 et seq.). The Gila River adjudication began in 1974 and is assigned to the Maricopa County Superior Court. The Little Colorado River adjudication began in 1978 and is assigned to the Apache County Superior Court.

Provisions

1. Appropriates $500,000 from the state General Fund in FY 2022 to the University of Arizona to establish a law clinic to assist general stream adjudication. (Sec. 2)

2. Authorizes a university under the Arizona Board of Regents' jurisdiction to offer pro bono expertise to general stream adjudication claimants who are not represented by counsel and whose adjusted gross income for any of the preceding three years is less than 500% of the federal poverty guidelines. (Sec. 1)

3. Restricts a university to only representing an adjudication claimant until that claimant proceeds to an evidentiary hearing or another contested proceeding that is similar to a trial and prohibits a university from representing a claimant in these hearings if that claimant has not settled their claim. (Sec. 1)

4. Requires a university that provides legal assistance to coordinate with the faculty of an Arizona cooperative extension that has a program to support the economic vitality of rural communities and use of natural resources in those communities. (Sec. 1)

5. Directs a university that provides legal assistance to submit an annual report of its activities to the Governor, the Speaker of the House of Representatives and the President of the Senate and provide a copy of the report to the Secretary of State by November 15. (Sec. 1)

6. Exempts the appropriation from lapsing. (Sec. 2)

9. ---------- DOCUMENT FOOTER ---------

10. HB 2390

11. Initials PAB/AG Page 0 Natural Resources, Energy & Water

12.

13. ---------- DOCUMENT FOOTER ---------